A RESOLUTION OF THE BOARD OF COMMISIONERS OF BUTTS COUNTY TO APPROVE THE FIRST AMENDMENT TO THE DEVELOPMENT AGREEMENT BETWEEN BUTTS COUNTY AND LGS INDUSTRIAL, LLC (“AGREEMENT”) MADE AND ENTERED INTO ON THE 23RD DAY OF DECEMBER 2019; TO PROVIDE FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.

WHEREAS, Butts County is a duly created and validly existing political subdivision of the State of Georgia under the Constitution and laws of the state of Georgia, charged with providing public services to local residents; and

WHEREAS, the Butts County Board of Commissioners is the governing authority of the County, elected by the qualified elections of Butts County and vested with legislative responsibilities necessary to the managing of the affairs of the County government, as well as the health, safety, and welfare of the citizens of Butts County; and

WHEREAS, Butts County, Georgia and LGS Industrial, LLC entered into a Development Agreement on December 23, 2019, which was recorded on February 26, 2020 at Deed Book 905, Pages 59-98 in the title records of Butts County, Georgia, and said Development Agreement is incorporated herein by reference as the “Agreement.”

WHEREAS, the Butts County Board of Commissioners desires to approve the First Amendment to the Agreement, which is attached hereto as Exhibit “A” and incorporated herein by reference as “the First Amendment.”

WHEREAS, the Butts County Board of Commissioners after a duly noticed public hearing (see Exhibit “B”) in the exercise of their sound judgment and discretion, after giving thorough consideration to all implications involved, and keeping in mind the public interest and welfare of the citizens of the County, have determined that authorizing this Resolution would be advantageous to and would best benefit the citizens of the County; and

THEREFORE, BE IT RESOLVED BY THE BUTTS COUNTY BOARD OF COMMISSIONERS AS FOLLOWS:
1. Preamble. The Board of Commissioners hereby declares that the foregoing preamble and whereas provisions set forth above constitute, and shall be considered to be, substantive provisions of this Resolution and are hereby incorporated by reference into this provision.
2. Approval. The Butts County Board of Commissioners approves the First Amendment to the Agreement, attached hereto as Exhibit “A.”
3. Authorization. The Board of Commissioners authorizes the Chairman to execute this Resolution and the First Amendment.
4. Recordation. The County Clerk is directed to record this Resolution and the First Amendment in the Book of Resolutions, Volume 1. The County Attorney is directed to record the First Amendment in the title records of Butts County, Georgia.

5. Severability. To the extent any portion of this Resolution is declared to be invalid, unenforceable, or nonbinding, that shall not affect the remaining portions of this Resolution.

6. Repeal of Conflicting Provisions. All County resolutions are hereby repealed to the extent they are inconsistent with this Resolution.

7. Effective Date. This Resolution shall take effect immediately.

Resolved this 11th Day of April, 2021 For the Butts County Board of Commissioners

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Chairman Joe Brown

J. Michael Brewer, Deputy County Manager
Sitting as Clerk of the 124th Session